Process for Preventing and Settling Disputes. In the event of a dispute in relation to a matter arising under this Agreement, the employee and Austrade will attempt to resolve the matter at the workplace by discussions between the employee and the relevant manager. If those discussions do not resolve the dispute, discussions will be held between the employee and more senior levels of management as appropriate. In each instance the steps taken shall be timely and appropriate to the early settlement of the matters in dispute. Austrade or the employee may where they choose appoint another person to accompany them or represent them in relation to any discussions about the dispute. If a dispute in relation to a matter arising under the Agreement is unable to be resolved at the workplace, either Austrade or the employee may elect to use an alternative dispute resolution process in an attempt to resolve the matter. The alternative dispute resolution process will be conducted by a person agreed between Austrade and the employee. Austrade and the employee will agree on the powers and the functions the person who is to conduct the dispute resolution process is entitled to exercise. The alternative dispute resolution process will be completed when Austrade and the employee agree that the matters in dispute are resolved. If Austrade and the employee are unable to reach an agreement on who is to conduct the alternative dispute resolution process, or if Austrade and the employee agree, either party to the dispute may refer the dispute to the Australian Industrial Relations Commission (the Commission) for resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary, the Commission may exercise procedural powers in relation to hearing, witnesses, evidence and submissions which are necessary to make the arbitration effective. The decision of the Commission will bind Austrade and the employee, subject to either of them exercising a right to appeal against the decision. Whilst the dispute is being resolved the employee must continue to work in accordance with their contract of employment, unless they have a reasonable concern about an imminent risk to their health and safety. Whilst the dispute is being resolved the employee must, subject to the health and safety condition set out in the paragraph above, comply with any reasonable directions given by Austrade to perform other available work. Where the right of review provided by section 33 of t...
